Mink Solicitation 12639525Q0039.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

APHIS-MN-126395

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

USDA APHIS

APHIS-WS-NWRC-84MG CODE 16. ADMINISTERED BYCODE

X

X

X

311119

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED ORAPHIS-MN-126395

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

01/15/2025 1700 MT

12/19/2024

771-221-5923RACHEL BRANSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

12639525Q0039

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 2 1143404OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

See Schedule

15. DELIVER TO

MINNEAPOLIS MN 55401

SUITE410

250 MARQUETTE AVE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA APHIS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

DELIVER TO:

NWRC LOGAN

USDA APHIS WS NWRC

PRED ECOLOGY FIELD STATION

UTAH STATE UNIVERSITY

LOGAN UT 84322-5295 US

5 Year IDIQ for "Mink" Food for Coyote Colony- Millville, Utah Delivery: 02/28/2026 Period of Performance: 03/01/2025 to 02/28/2030 Continued ...

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

ROBERT J. ZEGLIN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 Ordering Periods 1-5: 03/01/2025 to 02/28/2030 - 400000 LB

Fresh "Mink" Food for Coyote Colony priced as reflected in the pricing schedule (please fill out in the attached solicitation)

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 2 of

SF1449 CONTINUATION - SECTION B

Period of Acceptance for Quotes: The quoter agrees to hold the prices in its offer firm for 75 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation.

Provide quote by: 5:00 PM, Mountain Standard Time on January 15th, 2025.

Items to Return: Please see Page 9.

All cost to include but not limit to overhead, general and administrative, profit, insurance, and transportation.

This procurement is set aside for 100% Small Business. The NAICS code is 311119 Other Animal Food Manufacturing, and the Small Business Size Standard is 650 Employees.

CLIN No. Schedule Certification

CLINS

Base Ordering Period 1 of 5

03/01/2025 to 02/28/2026

Est Minimum

Quantity Maximum

Quantity UI UNIT PRICE

Total Based on Maximum QTY Price

Purchase of a freshly ground meat and other food materials made for mink and other carnivores that need a high protein, high fat diet used as food for coyote colony located in Millville, UT. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation.

6,000 80,000 lbs $ $

Ordering Period 2 of 5 03/01/2026 to 02/28/2027 UNIT PRICE Total Based on

Maximum QTY Price

Purchase of a freshly ground meat and other food materials made for mink and other carnivores that need a high protein, high fat diet used as food for coyote colony located in Millville, UT. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. 6,000 80,000 lbs $ $

Ordering Period 3 of 5 03/01/2027 to 02/29/2028 UNIT PRICE Total Based on

Maximum QTY Price

Purchase of a freshly ground meat and other food materials made for mink and other carnivores that need a high protein, high fat diet used as food for coyote colony located in Millville, UT. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. 6,000 80,000 lbs $ $

SECTION B CONTINUED

Ordering Period 4 of 5 03/01/2028 to 02/28/2029 UNIT PRICE Total Based on

Maximum QTY Price

Purchase of a freshly ground meat and other food materials made for mink and other carnivores that need a high protein, high fat diet used as food for coyote colony located in Millville, UT. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. 6,000 80,000 lbs $ $

Ordering Period 5 of 5 03/01/2029 to 02/28/2030 UNIT PRICE Total Based on

Maximum QTY Price

Purchase of a freshly ground meat and other food materials made for mink and other carnivores that need a high protein, high fat diet used as food for coyote colony located in Millville, UT. All cost to include but not limit to: overhead, general and administrative, profit, insurance, and transportation. 6,000 80,000 lbs $ $

TOTAL DOLLAR AMOUNT FOR FIVE YEARS $

1.0 Statement of Work

Purchase of a freshly ground meat and other food materials made for mink and other carnivores that need a high protein, high fat diet used as food for coyote colony located at 4200 South 600 East Cache County Road, Millville UT 84326. The food, typically called mink food because most purchasers use the food to feed captive mink, must be fresh and available for consumption within 1 week. The amount needed per year is dependable on the number of pups born each cycle. Source must be local and always available.

2.0 Delivery and Acceptance

• Millville Predator Research Center personnel will pick up product 2-3 times a week.

Inspection and acceptance are in accordance with FAR Clause 52.212-4(a).

• There is no express warranty on for the product offered.

• In accordance with Federal Acquisition Regulation 52.212-4(p) Limitation of liability states that: Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted item.

3.0 Government Roles and Responsibilities

The USDA Local Points of Contact (POC) to coordinate the work to be completed under this contract are Dustin Ranglack and Andalyn Billings Contact information is listed below

Government Contacts:

Dustin Ranglack, PhD Supervisory Research Biologist

USDA APHIS WS NWRC

Utah Field Station 4200 S 600 E Cache County Road Millville, UT 84326 C: 435-938-8643 dustin.ranglack@usda.gov

Andalyn Billings Colony Specialist, AC Technician

USDA APHIS WS NWRC

Utah Field Station 4200 S 600 E Cache County Road Millville, UT 84326 C: 435-962-3915 andalyn.billings@usda.gov

3.1 Invoice Processing and Payment

For Invoice Processing and Payment.

Please see https://www.ipp.gov/vendors/enrollment-vendors.html and submit invoices through the Invoice Processing Platform (IPP) Enroll at https://www.ipp.gov/ For customer Service Info regarding enrollment Please see https://www.ipp.gov/vendors/enrollment- vendors.htm

IPP is a secure, web-based system that manages government invoicing.

The contractor must follow the instruction on how to register and submit invoices via IPP as prescribed in the previous communications from USDA and Treasury. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury

The U.S. Department of Agriculture is a tax-exempt agency. (Exempt from state and Federal tax) Tax ID Number: 41-0696271.

mailto:dustin.ranglack@usda.gov mailto:michael.g.davis@usda.gov http://www.ipp.gov/vendors/enrollment-vendors.htm https://www.ipp.gov/ https://www.ipp.gov/vendors/enrollment-https://www.ipp.gov/vendors/enrollment-vendors.htm

INVOICING CONTACT:

Mariah Shanks mariah.shanks@usda.gov

970-266-6239

3.2 Contract Delivery Order Instructions

USDA/MRP/Acquisition and Asset Management Division will issue a Delivery Order for quantities on an “ as needed” basis shortly after award of the basic contract. The Delivery Order contains the actual funding for the orders.

They will be numbered with an 126395 YY NNNN . Upon delivery/performance and acceptance of the products/or services for any Delivery Order, the vendor will be responsible for submitting the invoice for payment against the Delivery Order Contract number, referencing the individual Delivery Order number in the IPP system at https://www.ipp.gov.

The Contractor shall submit an original invoice (or electronic invoice, if authorized,) to the address designated in the contract to receive invoices (https://www.ipp.gov).

4.0 Clauses

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR):

https://www.acquisition.gov/browse/index/far (Clauses are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Clauses are located at AGAR part 452 and begin with 452)

Deviations to clauses may be viewed at: Policies & Regulations | USDA(xiii) Additional Requirements/Terms and Conditions:

Clauses Incorporated by Reference FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG

2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems

(NOV 2021)

mailto:mariah.shanks@usda.gov http://www.ipp.gov/ https://www.ipp.gov/ https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses

FAR 52.232-19 Availability of Funds for Next Fiscal Year (APR 1984) AGAR 452.204-70 Modification for Contract Closeout (DEVIATION JUN

2024)

52.216-18 Ordering. (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Contract Award through Contract End Date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered “issued” when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 6,000 lbs. per year, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of 80,000 lbs.

(2) Any order for a combination of items in excess of 80,000 lbs. or https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf https://www.usda.gov/sites/default/files/documents/agar-class-deviation-contract-closeout-clause.pdf

(3) A series of orders from the same ordering office within 1 year that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1058745 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1058745

6 months after contract end date.

(End of clause)

452.216-73 Minimum and Maximum Contract Amounts. (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of 6,000 lbs., but not in excess of 80,000 lbs.

(End of Clause)

FAR 52.252-6 Authorized Deviations in Clauses (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Agriculture Acquisition Regulation (48 CFR 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

(End of clause)

452.211-74 Period of Performance. (FEB 1988)

The period of performance of this contract is from date of award and not to exceed five years.

Ordering Period 1 of 5 03/01/2025 to 02/28/2026 Ordering Period 2 of 5 03/01/2026 to 02/28/2027 Ordering Period 3 of 5 03/01/2027 to 02/29/2028 Ordering Period 4 of 5 03/01/2028 to 02/28/2029 Ordering Period 5 of 5 03/01/2029 to 02/28/2030

(End of Clause)

5.0 Provisions

(viii) FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) (Provision)

Addenda to provision FAR 52.212-1:

Addenda to Provision FAR 52.212-1 paragraph (b) Submission of Offers:

1) Offerors must have an active entity registration in the System for Award Management in order to submit an offer. https://www.sam.gov/SAM/

2) Offers submitted in response to this solicitation shall include:

a) The first page of the solicitation 1449 completed and signed.

b) SF1449 Continuation (Page 2-3) – Include the following: 1) the completed Schedule of Items from Page 2-3) acknowledgement of any amendments to this solicitation by following the instructions that accompany the amendment(s).

c) Technical Response – a narrative addressing the offerors approach to the tasks outlined in the Solicitation and the Statement of Work. NOTE: Technical responses that merely parrot the requirements set forth in the solicitation and state that the “offeror” will perform in accordance with the solicitation” or similar verbiage, without describing how the offeror will perform the work, shall be rated as unacceptable for this factor.

The technical response shall address the following items:

a. Ability to provide fresh meat at the quantity and frequency as stated in the statement of items and in the location requested. Locality is critical to this need and quote shall be fully burdened.

d) Representations and Certifications – Fill in the check boxes for provisions FAR 52.204-26, FAR 52.204-24(if applicable).

e) Past Performance information – offeror shall identity past experience providing freshly ground local meat in this quantity and frequency.

3) Submit quote by email to Rachel.branson@usda.gov so that it is delivered into this inbox by the due date and time (January 15th at 5:00 PM MST). Emails should contain all of the requested information from this solicitation of this provision in Microsoft Word, Excel, or Adobe PDF format. Be aware that large attachments may increase the time required to deliver an email.

Questions:

Any questions regarding this requirement must be submitted through the online Question Form Template no later than January 3rd by 1700 MT.

A Q&A document will be posted to the RFQ by COB January 8th by 1700 MT.

Questions Form Link: https://forms.office.com/g/0HPAWYq3nf

Questions submitted outside the provided Q&A Template will not be addressed.

https://www.sam.gov/SAM/ mailto:Rachel.branson@usda.gov https://forms.office.com/g/0HPAWYq3nf

EVALUATION FACTORS FOR AWARD

Per FAR 13.106 quotes will be evaluated using a best value approach. The Government will evaluate quotes based on technical capability, past performance, and price. The Government reserves the right to make award without contacting Offerors regarding submitted quotes:

Offerors are therefore strongly encouraged to provide their best technical solutions and pricing in their initial response. Quotes will be evaluated based on the following order of importance.

Technical Capability The Government will assess the specialized experience and skill of the vendors capability of providing quality products at the frequency and quantity requested.

Past Performance The offeror shall identity past experience providing freshly ground local meat in this quantity and frequency. Past performance a measure of the degree to which the offeror has satisfied previous customers and complied with Federal, State and Local laws and regulations. The Government may contact references to assess the quality of the contractor’s work, timely completion, project management, and compliance with regulatory requirements. The Government will consider the currency and relevance of the information provided for past performance. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror’s past performance.

Price The quoted prices will be evaluated for reasonableness. For purposes of evaluating price, the estimated price of the maximum qty per year of 80,000 lbs by the given price (as entered by the vendor in the table on Page 2) for all 5 years (400,000lbs) to equal a total estimated price.

(x) Representations and Certifications (complete highlighted items in this section and return with your offer)

VENDOR NAME: _____________________________________________

VENDOR UEI: _____________________________________________

FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (OCT 2020) (Provision)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.sam.gov/

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Provision)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at FAR 52.204- 26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at FAR 52.204-26, or in paragraph (v)(2)(ii) of the provision at FAR 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause FAR 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-26#FAR_52_204_26 https://www.acquisition.gov/far/52.212-3#FAR_52_212_3 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment— https://www.sam.gov/

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained:

Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.212-3 Offeror Representations and Certifications – Commercial Products and Commercial Services (MAY 2024) (Provision)

[If Offeror Representations and Certifications are not complete in SAM the offeror shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with your offer. The full provision is available from http://www.acquisition.gov/far/.

If Offeror Representations and Certifications are complete in SAM, the offeror shall complete the following:]

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

Write “None” if there are no changes needed to your online reps and certs.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(End of provision)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of http://www.acquisition.gov/far/ http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876 submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/browse/index/far (Provisions are located at FAR part 52 and begin with 52)

Department of Agriculture Acquisition Regulation (AGAR):https://www.acquisition.gov/agar (Provisions are located at AGAR part 452 and begin with 452)

Deviations to provisions may be viewed at: Policies & Regulations | USDA

(End of provision)

FAR 52.252-5 Authorized Deviations in Provisions (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Agriculture Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

Date, Time, and Place Offers are due

Submit offer by email to Rachel.branson@usda.gov so that it is delivered into this inbox by the due date and time (January 15th at 5:00 PM MST).

Government Point of Contact

Rachel Branson, Contract Specialist

Email: rachel.branson@usda.gov

Phone: 771-221-5923 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52 https://www.acquisition.gov/agar https://www.acquisition.gov/agar/part-452-solicitation-provisions-and-contract-clauses https://www.usda.gov/da/ocp/ppd/policies-regulations mailto:Rachel.branson@usda.gov mailto:rachel.branson@usda.gov